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  • Question

    Have there been any new decisions or cases regarding whether the Berry Amendment applies to rental of commercial linens (smocks, aprons, vests)?


    Answer

    Yes.  The Berry Amendment applies to funds appropriated or otherwise available to the Department of Defense for the procurement of covered items.  Clothing and the materials and components normally associated with clothing are covered items.  The Federal Acquisition Regulation (FAR) Defines Procurement as the same as Acquisition. 

     

    Acquisition defined in the FAR:  “Acquisition” means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated.  See document at https://acc.dau.mil/CommunityBrowser.aspx?id=409465.

     

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